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9th Circuit Appeals Court deciding if gay juror can be taken off case

The 9th U.S. Circuit Court of Appeals listened to arguments Wednesday on a potential landmark gay rights case – Can a potential juror can be booted from a trial solely based on sexual orientation?

SAN FRANCISCO — The 9th U.S. Circuit Court of Appeals listened to arguments Wednesday on a potential landmark gay rights case – Can a potential juror can be booted from a trial solely based on sexual orientation?

During an hour of arguments, the three-judge panel appeared likely to determine that gays and lesbians – like women and minorities – are entitled to the same constitutional protections preventing them from being excluding from juries, if the panel decides to address the closely-watched issue, the Mercury News reports.

Essentially, the case is an antitrust dispute with two rival drug companies: SmithKlineBeecham’s has appealed a 2011 jury verdict mostly in favor of Abbott Laboratories over whether Abbott broke antitrust laws when it raised the price of a popular AIDS drug by 400 percent, the Associated Press reports.

The issue started at the beginning of the 2011 trial when an Abbott Laboratories lawyer booted a juror who identified himself as gay from serving on the trial. SmithKline argued the juror was removed because Abbott’s 2007 price hike received widespread negative publicity in the gay community. Abbott denied the allegation and said it had several reasons to remove the potential juror, which included a friend dying of AIDS, AP reports.